Opportunity To Lead Pre-Summoning Evidence Must Be Given Even In Criminal Cases Appearing 'Civil': Delhi High Court

LIVELAW NEWS NETWORK

24 May 2026 5:15 PM IST

  • Opportunity To Lead Pre-Summoning Evidence Must Be Given Even In Criminal Cases Appearing Civil: Delhi High Court

    The Delhi High Court has held that even where a Magistrate declines to order registration of an FIR under Section 156(3) CrPC, the complainant must ordinarily be given an opportunity to lead pre-summoning evidence before the complaint is dismissed as being “purely civil” in nature. Justice Manoj Jain observed that the “dividing line” between a civil breach of contract and criminality...

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